LAWS 1000 Lecture Notes - Lecture 11: Brian Dickson, Economic Sociology
5 Apr 2016
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Economic sociology: how law and capitalism are connected (max. Weber): two functions of law within capitalism: Its power to develop substantive provisions (contracts, with binding and coercive usages: the assumption: a system operated by egoistic wills and the use of coercive instruments in events of nonperformance. Individuals: the case of unjust enrichment and common law. The case of pettkus v. becker dealing with the distribution of their assets following the dissolution of their relationship. Dickson j. set out three requirements for inding a constructive trust: an enrichment, a corresponding deprivation; and, the absence of any juristic reason for the enrichment. In this case, dickson found that the requirements were satisied and held that becker was entitled to half the assets. Note: not always so clear-cut or linear in progression. Beyond duals, shaming, or avoidance : primary resolution processes: Involves a non-coercive and disinterested third party: mediator (chosen by parties, or appointed)
